Gerard A. Chouest

Following reasons on the underlying application, the court determined the appropriate costs award.

Applying s. 131(1) of the Courts of Justice Act and the discretionary factors in Rule 57 of the Rules of Civil Procedure, the court emphasized the result of the proceeding, the reasonableness of the steps taken, and proportionality.

Although the respondent argued that the applicants’ legal fees were high relative to his own expenses, the court found the applicants’ partial indemnity bill of costs and disbursements generally reasonable.

Exercising its discretion, the court fixed partial indemnity legal fees at $65,000 plus HST and disbursements.

The respondent was ordered to pay total costs of $84,092.17.

A municipality sought an order requiring demolition of a waterfront structure constructed on Lake Rosseau, asserting that the respondent had built a boathouse with living accommodations in violation of zoning and planning by-laws.

The respondent argued the structure was a water aerodrome registered with Transport Canada and therefore immune from municipal regulation under the doctrine of interjurisdictional immunity.

The court examined the chronology of events, the respondent’s intentions, and the actual use and design of the structure.

It concluded the aerodrome registration was an attempt to circumvent municipal zoning restrictions and that the structure functioned as a boathouse rather than an aeronautical facility.

The court held that municipal planning and zoning laws applied and ordered demolition of the structure.